Last week was an eventful one in the Supreme Court. The Court ruled in three appeals, all in closely watched cases. They are summarized here in reverse chronological order....
State v. Bragg, ___ N.J. ___ (2025). A jury found defendant guilty of twelve charged counts, including attempted murder, kidnapping, aggravated assault, terroristic threats, possession of a weapon for an unlawful purpose, endangering, and two lesser-included offenses of harassment. Some of those charges involved the use of deadly force. Persons may not use deadly force if the can retreat with complete safety. But under the "castle doctrine," an exception to the general rule, a person "is not obliged to retreat from his dwelling, unless he was the initial aggressor." N.J.S.A. 2C:3-4(b)(2)(b)(i). That doctrine derives from the common law....
State v. Martinez, ___ N.J. Super. ___ (App. Div. 2025). This appeal arose out of an inconsistent verdict by a jury that considered charges of murder, passion/provocation manslaughter, weapons charges, and other crimes not the subject of this published opinion by Judge Jacobs (other counts were addressed in the longer, unpublished version of this opinion). The jury had been charged as follows regarding self-defense:...
No one can say that in the days before Christmas, "not a creature was stirring" in our appellate courts. The Supreme Court issued one decision and the Appellate Division published...
The Supreme Court announced that it has granted review in five new appeals. Two of those entailed motions for leave to appeal, while the Court granted certification in the other...
Comprehensive Neurosurgical, P.C. v. The Valley Hospital, 257 N.J. 33 (2024). As discussed here, the question presented to the Supreme Court in this appeal, which was the subject of today's...
Even as many people were throttling back in anticipation of the long holiday weekend that culminated in Christmas day, the Appellate Division issued three published opinions late last week. Here...
On this date in 1978, the Supreme Court decided Gilborges v. Wallace, 78 N.J. 342 (1978). The case arose out of an auto accident that resulted in brain injuries to...
Pantano v. New York Shipping Ass'n, 254 N.J. 101 (2023). Judge Sabatino wrote this 6-0 opinion, which involved "the application of the multi-factor test [the Court] announced in Galvao v....
The Supreme Court announced that it will consider three new matters. Two of those involved grants of certification, while the third was an appeal as of right. The appeal as...